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ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 103 103 Amendment of s 1.3.5 (Definitions for terms used in development)

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 103

103 Amendment of s 1.3.5 (Definitions for terms used in development)

Section 1.3.5, definition material change of use--

insert--

'(c) the continuation of an environmentally relevant activity on the premises if--
(i) an approval for the activity ceases to have effect because of the operation of the Environmental Protection Act 1994, section 619(2)(e) or 624(2)(b); 16 or
(ii) there is no development approval for the activity and it was, at any time before 4 October 2004, carried out without an environmental authority as required under the Environmental Protection Act 1994.17'.